A prática do crime de falso testemunho pelas pessoas às quais alude o artigo 206 do código de processo penal: uma análise à luz dos preceitos constitucionais que visam à proteção da família

Abstract

This article aimed to examine whether people listed in article 206 of Criminal Procedure Code can practice the crime of false testimony, based on the theory of conglobating typicality, under the spectrum of the constitutional discipline that seeks to protect the family. The reflection on the theme is relevant because it allows pointing the wrong way as the Superior Court of Justice assesses it, contributing to the construction of a legal proposal in accordance with the Federal Constitution of 1988. To this end, it was developed a legal and dogmatic research, using the technique of indirect documentation and the deductive method. After settled that the legal commitment to telling the truth is irrelevant to the configuration of the crime and that the informants bear the condition of witnesses as well as the deponents, it was concluded by the ability of individuals listed in article 206 to practice false testimony, being, however, excluded the crime, by the conglobating atypicality of the conduct, when they are obliged to testify.